Tinio, et al. v. Frances, et al.

Case No. 290

G.R. No. L-7747 (November 29, 1955)
Chapter III, Page 90, Footnote No.61

FACTS:
Sergio Nicolas applied for a parcel of land in Nueva Ecija and was approved in 1917. In 1943,
the final proof was approved by the Director of Lands who issued a patent in his favor, but
because Sergio Nicolas died, he was substituted by his heirs, represented by his widow. In 1947, the
heirs transferred their rights to the homestead to the defendants, with approval by the Secretary of
Agriculture and Commerce, and secured the issuance of a homestead patent in their favor. In 1953,
heirs of the deceased Sergio Nicolas wanted to annul the sale of a homestead and to recover the
land, together with the fruits of the land as damages.

ISSUE:
WON, the sale or transfer of right of the heirs of Sergio Nicolas over the parcel of land was
valid.

HELD:
No. Conveyance made by the heirs of the homesteader to the Defendants do not comply with the
first requirement of Sec. 20 of the Public Lands Act that the Director of lands is satisfied from
proofs submitted by the homesteader that he could not continue with his homestead through no
fault of his own, and that the conveyance must be made with the prior or previous approval of
the Secretary of Agriculture and Commerce. Thus the conveyance made by the heirs of Nicolas
was null and void.